BILL NUMBER: AB 1249	CHAPTERED  07/28/99

	CHAPTER   198
	FILED WITH SECRETARY OF STATE   JULY 28, 1999
	APPROVED BY GOVERNOR   JULY 27, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Committee on Agriculture (Cardoza (Chair), Maldonado
(Vice Chair), Brewer, Florez, Reyes, Thomson, and Wiggins)

                        FEBRUARY 26, 1999

   An act to amend Sections 55484.75 , 55523, 55862, 56183.5,
56185.75, and 56572 of the Food and Agricultural Code, relating to
agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1249, Committee on Agriculture.  Produce dealers and agents of
farm products processors:  licensing.
   (1) Existing law sets forth procedures governing the licensure by
the Department of Food and Agriculture of produce dealers and agents
of farm products processors.  Under these provisions of existing law,
if an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license and the application was denied
within the last year, the department is required to cease further
review of the application until one year has elapsed from the date of
the notification of the denial or from the effective date of the
decision and order of the department upholding a denial.
   This bill, instead, under the above circumstances, would require
the department to cease further review of the application until 30
days have elapsed from the date of the notification of the denial or
from the effective date of the decision and order of the department
upholding a denial.
   (2) The above provisions of existing law specify that an applicant
whose application is incomplete shall be given written notice that a
failure to complete the application within 30 calendar days shall
result in denial of the application.
   This bill, instead, would require the written notice to specify
that a failure to complete the application within 60 calendar days
shall result in denial of the application.
   (3) The above provisions of existing law specify that if any
licensee does not apply for the renewal of a preexisting license on
or before the date of expiration of the license, a penalty of $25
shall be added to the fee.  Existing law also provides that that
penalty is applicable only during the 30-day period immediately
following the license expiration date and shall entitle the applicant
to 30 days from the date of the penalty payment to complete the
application.  If the application is not completed within that time,
the application is required to be deemed denied and all fees retained
by the Secretary of Food and Agriculture.
   This bill, instead, would specify that the $25 penalty shall be
paid within 30 days immediately following the license expiration date
and that payment of the penalty shall entitle the applicant to 60
days from the date of the penalty payment to complete the
application.  If the application is not completed within that time,
the application shall be deemed denied and all fees retained by the
department.  In addition, the bill would specify that if the penalty
is not paid within the 30-day period, any application for renewal of
a preexisting license shall be treated as a new application.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 55484.75 of the Food and Agricultural Code is
amended to read:
   55484.75.  (a) If an application for a license indicates, or the
department determines during the application review process, that the
applicant was issued a license that was revoked within the preceding
two years, the department shall cease any further review of the
application until two years have elapsed from the date of the
revocation.  The cessation of review shall not constitute a denial of
the application for the purposes of this chapter, or any other
provision of law.
   (b) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license and the application was denied
within the last year, the department shall cease further review of
the application until 30 days have elapsed from the date of the
notification of the denial or from the effective date of the decision
and order of the department upholding a denial.  The cessation of
review shall not constitute a denial of the new applicant for
purposes of this chapter, or any other provision of law.
   (c) Nothing in subdivision (a) or (b) prohibits the department
from taking into account the basis for denial or revocation in
considering any new application subsequent to the elapse of the
applicable period of prohibition.
  SEC. 2.  Section 55523 of the Food and Agricultural Code is amended
to read:
   55523.  (a) Each application shall state all of the following:
   (1) The full name of the applicant.
   (2) If the applicant is a firm, exchange, association, or
corporation, the full name of each member of the firm or the names of
the officers of the exchange, association, or corporation.
   (3) The principal business address of the applicant in this state.

   (4) The name of every person who is authorized to receive and
accept service of summons for the applicant.
   (5) A release authorizing the department, during consideration of
the application and for the duration of licensure, to have access to
and obtain financial information from both of the following:
   (A) The applicant's files with credit reporting agencies.
   (B) The applicant's files with banks, savings and loan
associations, or any other financial institutions with whom the
applicant has done business in the past or with whom the applicant
intends to do business during the year of licensure.
   (6) A notice signed by the applicant that the department may
obtain criminal record information during the course of a licensing
investigation or upon presentation with a reasonable basis to believe
the licensee has been convicted of a crime.  An applicant whose
application is incomplete shall be given written notice that a
failure to complete the application within 60 calendar days shall
result in denial of the application.
   (b) The documents and information procured pursuant to this
section shall be considered the records of a consumer and shall not
be construed to be a public record.  The documents and information
shall remain confidential, except in actions brought by the
department to enforce this division, or as a result of the issuance
of a subpoena in accordance with Section 1985.4 of the Code of Civil
Procedure.  The unauthorized release of the documents received from
the Department of Justice or the information contained in those
documents, is a misdemeanor.
  SEC. 3.  Section 55862 of the Food and Agricultural Code is amended
to read:
   55862.  (a) (1) If any processor does not apply for the renewal of
a preexisting license on or before the date of expiration of the
license, a penalty of twenty-five dollars ($25) shall be added to the
fee provided for under Section 55861 or 55861.5.  That penalty shall
be paid within 30 days immediately following the license expiration
date .  Payment of the penalty shall entitle the applicant to 60 days
from the date of the penalty payment to complete the application.
If the application is not completed within that time, the application
shall be denied and all fees retained by the department.
   (2) If the penalty described in paragraph (1) is not paid within
the 30-day period, any application for renewal of a preexisting
license shall be treated as a new application.
   (b) A new applicant shall have 60 days from the date of filing the
application form and payment of the fee to complete the application.
  After the 60-day period has elapsed, if the application remains
incomplete, the application may be denied and the application fee may
be retained by the department.
  SEC. 4.  Section 56183.5 of the Food and Agricultural Code is
amended to read:
   56183.5.  (a) An initial application, at a minimum, shall include
the following:
   (1) A release authorizing the department, during consideration of
the application and for the duration of licensure, to have access to
and obtain financial information from both of the following:
   (A) The applicant's files with credit reporting agencies.
   (B) The applicant's files with banks, savings and loan
associations, or any other financial institutions with whom the
applicant has done business in the past or with whom the applicant
intends to do business during the year of licensure.
   (2) A notice signed by the applicant that the department may
obtain criminal record information during the course of a licensing
investigation or upon presentation with a reasonable basis to believe
the licensee has been convicted of a crime.  An applicant whose
application is incomplete shall be given written notice that a
failure to complete it within 60 calendar days shall result in denial
of the application.
   (b) The documents and information procured pursuant to this
section shall be considered the records of a consumer and shall not
be construed to be a public record.  The documents and information
shall remain confidential, except in actions brought by the
department to enforce this division, or as a result of the issuance
of a subpoena in accordance with Section 1985.4 of the Code of Civil
Procedure.  The unauthorized release of the documents received from
the Department of Justice or the information contained in those
documents is a misdemeanor.
   (c) The department shall adopt regulations that specify the proper
and necessary information and supporting documentation the
department requires for an application to be considered complete.
  SEC. 5.  Section 56185.75 of the Food and Agricultural Code is
amended to read:
   56185.75.  (a) If an application for a license indicates, or the
department determines during the application review process, that the
applicant was issued a license that was revoked within the preceding
two years, the department shall cease any further review of the
application until two years have elapsed from the date of the
revocation.  The cessation of review shall not constitute a denial of
the application for the purposes of this chapter, or any other
provision of law.
   (b) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license and the application was denied
within the last year, the department shall cease further review of
the application until 30 days have elapsed from the date of the
notification of the denial or from the effective date of the decision
and order of the department upholding a denial.  The cessation of
review shall not constitute a denial of the new applicant for
purposes of this chapter, or any other provision of law.
   (c) Nothing in subdivision (a) or (b) prohibits the department
from taking into account the basis for denial or revocation in
considering any new application subsequent to the elapse of the
applicable period of prohibition.
  SEC. 6.  Section 56572 of the Food and Agricultural Code is amended
to read:
   56572.  (a) (1) If any licensee does not apply for the renewal of
a preexisting license on or before the date of the expiration of the
license, a penalty of twenty-five dollars ($25) shall be added to the
fee provided for under Section 56571 or 56571.5.  That penalty shall
be paid within 30 days immediately following the license expiration
date .  Payment of the penalty shall entitle the applicant to 60 days
from the date of the penalty payment to complete the application.
If the application is not completed within such time, the application
shall be denied and all fees retained by the department.
   (2) If the penalty described in paragraph (1) is not paid within
the 30-day period, any application for renewal of a preexisting
license shall be treated as a new application.
   (b) A new applicant shall have 60 days from the date of filing the
application form and payment of the fee to complete the application.
  After the 60-day period has elapsed, if the application remains
incomplete, the application may be denied and the application fee
retained by the department.
